DOT Finalizes Preemptive Petition
PHMSA 11-16 Calif Preemption Determination Final.pdf
DOT RSPA 02-15 Calif Preemption Determination.pdf
On November 16, 2015 (80 FR 70874), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of decision on petitions for reconsideration of administrative determinations of preemption. The original preemption determinations number 8(R)–11(R) were published in the federal register on February 15, 1995 (60 FR 8774). PHMSA had determined that the federal hazardous material transportation law does not preempt California and Los Angeles County requirements on (1) the unloading of hazardous materials from rail tank cars by a consignee and (2) the consignee’s on-site storage of hazardous materials following delivery of the hazardous materials to their destination and departure of the carrier from the consignee’s premises or private track adjacent to the consignee’s premises.
